Amendment status not verified — confirm the current text below against the official source.
Effects of default and withdrawal of suits.— (1) Where the plaintiff fails to attend, or to produce his documents, if any, or to adopt measures to procure the attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the plaint with costs, whether the defendant appears or not, unless the defendant admits the claim. (2) Where the plaintiff attends as required by sub-section (1) of section 13 but the defendant fails to attend, and the Mamlatdar is satisfied from the evidence before him that the notice has been duly served on the defendant and in sufficient time to enable the defendant to appear and answer on the day fixed in the notice, he shall proceed to hear and decide the plaint ex-parte: Manual of Goa Laws (Vol. III) – 19 – Mamlatdar’s Court Act and Rules Provided that if either party satisfies the Mamlatdar at any time within thirty days from the date of the rejection of a plaint or decision of the case ex-parte that he was prevented by some sufficient cause from attending, or from producing his documents or from adopting measures to procure the attendance of his witnesses, as the case may be, it shall be lawful for the Mamlatdar to issue a notice in the prescribed form at the expense of the applicant, to the opposite party and, if still satisfied after hearing the opposite party that the applicant was prevented as alleged, after recording his reasons, to re-hear the case at such time and place as he may then fix: Provided further, that nothing in the foregoing provisions shall prevent the plaintiff from withdrawing his suit on payment of the defendant’s costs.